论法律家与法学家的思维范式

法律家的思维范式表现为“独立型思维”、“保守型思维”、“崇法型思维”等 ,而法学家的思维范式则表现为“批判型思维”、“前瞻型思维”与“人权型思维”等。本文针对我国法律家职业群体培养过程中存在的问题 ,提出在法律教学中可增开案例分析课程、司法伦理课程与其他社会科学的课程。     

Teaching scientific integrity and research ethics

Cases of misconduct in scientific research have enforced a lively public and scientific discussion. The international scientific community has been engaged during the last years in the search for adequate responses to fraud and misconduct. Most of the new guidelines emphasize the responsibility of researchers and scientific institutions for preventive measures; the teaching of research ethics should be included in undergraduate and postgraduate academic education. At the Universities of Ulm and Marburg members of the 'Study group Ethics in Medicine' are developing a teaching program in Research Ethics. They now offer courses: teaching in small groups (7-15 participants) with structured case discussions. These courses are not mandatory. The first steps in the development of the teaching program for young scientists in medicine, biology, chemistry, and physics have been taken. The fields of conflicts in these different fields of science are very similar. We offered five case discussion sessions with mixed groups (postgraduate students, postdocs, head of departments) and the first results are very positive: high acceptance, high motivation, high demand for next courses.     

Dr. Walter C. McCrone--his contributions to environmental microscopy

This paper briefly highlights Dr. McCrone's contributions to the recently emerging field of forensic environmental microscopy. Few, if any, criminalists are not familiar with Dr. Walter C. McCrone's voluminous contributions to the field of forensic microscopy and the analyses of micro and ultra micro transfer (trace) evidence. Dr. McCrone was renowned for his life long efforts in promoting the application of the Polarized Light Microscope (PLM) to problem solving. It is therefore not surprising that Dr. McCrone would also apply his analytical and deductive skills employing the PLM to problems in environmental analysis. He is well known for his many publications dealing with the analysis of asbestos and asbestos like materials by PLM. His philosophy of presenting intense professional training courses stressing the practical applications of the PLM carried over to a series of courses offered to students requiring education in other areas of microscopical analysis. Through McCrone Research Institute, Dr. McCrone can be said to have been responsible for the training of a large majority of microscopists who literally analyzed tens of millions of samples. These analyses were performed utilizing methodologies developed predominately by him and adopted by regulatory agencies in the United States and abroad. The methods he fostered are a major part of the arsenal of microscopical techniques employed by forensic environmental microscopists in their efforts to identify a manufacturer of an insulation product for the purpose of litigation.     

The future of forensic and crime scene science. Part II. A UK perspective on forensic science education

This paper builds on the views presented by the author at 'The Future of Forensic and Crime Scene Science Conference'. Forensic science has become an increasingly prominent area of science within the last 10 years. This increasing prominence together with popularity in the subject has seen the number of undergraduate students studying forensic science related courses at UK Universities increase rapidly in just 5 years and there are no short term signs of this trend reducing. In 2005, there were 450 courses with forensic in the title offered by higher education institutes. Although the forensic community has expressed its concern that job prospects for these students wishing to pursue careers as forensic scientists will be limited numbers of students undertaking science courses have still increased. The increase in students studying forensic science comes in an era of decreasing science numbers in higher education with the potential to produce high calibre science graduates with sought after skills in critical thinking, analysis, interpretation and communication. Technology has continued to advance at a similar pace providing those responsible for managing crime with a need and opportunity to identify and predict new and future applications of science and technology; not just in reducing and detecting crime but also in predicting how technology will be used by criminals in the future. There is therefore a need for forensic science users, providers and educators to identify the knowledge and skills required by forensic scientists and crime investigators of the future to ensure that technology continues to be used and applied to its full advantage. This provides universities an opportunity to contribute to the development of both the practice and practitioners of forensic science. This paper outlines the current issues facing universities in relation to forensic science and identifies their future role in providing high quality relevant courses for future forensic practitioners; developing current forensic practitioners through their participation in applied research, short courses, conferences and qualifications linked to professional practice; and supporting and developing the practice of forensic and crime scene science, through the identification, engagement and dissemination of pure and applied research.     

Government and education news

Abstract

FOR EIGHT years Cornell's Legal Information Institute has offered online law courses to students at other US law schools. Using a paced asynchronous approach, with streaming audio linked to referenced Web materials, interactive problems, online discussion/ and a series of written exercises, the courses offer a successful model of how law schools can pool teaching resources and students to enrich curricula. This article reports on and explains the choices, challenges, student response, and educational outcomes of this ongoing experiment, organised around ten frequently asked questions. It also ventures some cautious conclusions about the near‐term prospects for distance learning in US legal education, noting both inhibiting forces, including importantly constraints imposed by accreditation rules, and recent grounds for optimism.     

The role of assessment in the continuing professional development of lawyers in England and Wales*

The University of Western Australia (UWA) has recently undertaken a restructure of all its courses. Under the new courses structure, law at UWA is offered at postgraduate Masters level only, as a three-year professional Juris Doctor (JD) degree rather than as an undergraduate Bachelor of Laws degree (LLB). In planning and preparing for the transition from teaching at an undergraduate Bachelor level to teaching at a postgraduate Masters level, the Law Faculty undertook a major review of its curriculum. An important objective of the review was to ensure that the new JD curriculum satisfies the current learning outcomes standards recently adopted by the Australian regulatory framework. The purpose of this article is twofold. First, the article provides a brief background to the changing legal education environment in Australia in the twenty-first century and considers some of the reasons for the adoption of the JD degree at UWA. Second, the article outlines from a practical perspective the planning, implementation and review processes that have been undertaken by the Faculty in meeting the challenges presented by the transition to the JD degree. The article concludes with a brief comment on the future challenges for the Faculty in implementing and maintaining the renewed curriculum.     

A Review of Forensic Science Higher Education Programs in the United States: Bachelor’s and Master’s Degrees*

Abstract: As the number of forensic science programs offered at higher education institutions rises, and more students express an interest in them, it is important to gain information regarding the offerings in terms of courses, equipment available to students, degree requirements, and other important aspects of the programs. A survey was conducted examining the existing bachelor’s and master’s forensic science programs in the U.S. Of the responding institutions, relatively few were, at the time of the survey, accredited by the forensic science Education Programs Accreditation Commission (FEPAC). In general, the standards of the responding programs vary considerably primarily in terms of their size and subjects coverage. While it is clear that the standards for the forensic science programs investigated are not homogeneous, the majority of the programs provide a strong science curriculum, faculties with advanced degrees, and interesting forensic‐oriented courses.     

社会认同复杂性与认同管理策略探析

社会认同论作为群体间行为的解释理论是群体关系研究中最有影响的理论.由于群体地位的差异,当某一群体在认知、情感上产生对所属群体身份不承认或疏离和自卑时便产生了社会认同威胁.为应对威胁和困境,社会认同管理策略旨在通过不同的策略手段以期获得积极的社会认同,提高个体和群体自尊.社会认同复杂性与管理策略的研究有助于加强我国转型期各群体之间的和谐共生,消减个体认同的困境,促进社会不同群体之间的融入与和谐.     

The Status of Forensic Anthropology in Europe and South Africa: Results of the 2016 FASE Questionnaire on Forensic Anthropology

One of the goals of the Forensic Anthropology Society of Europe (FASE) is to map the existing education and practice opportunities in the field of forensic anthropology in order to support the development of the discipline and to optimize the training courses provided by the Society. To address this goal, an online questionnaire was sent to European and South African practitioners of forensic anthropology and related disciplines in 2016. The results of the questionnaire showed that the status and roles of forensic anthropologists vary depending on the national legal systems, education, and employment status of the practitioners. Despite the fact that the expertise of forensic anthropologists has been increasingly requested in a variety of investigations and the spectrum of tasks has become broader, including identification of living persons, specialized education in forensic anthropology is still restricted to a few graduate and postgraduate programs in European countries and to annual FASE courses.     

Defendants encountering victims in the courtroom: challenges and opportunities of allocution in capital trials for doing restorative justice

ABSTRACT

Allocution is when offenders plead for mercy and offer explanations in order to mitigate punishment. This paper explores the opportunities and challenges inherent in an attempt to do restorative justice through offender allocution in the sentencing phase of capital trials. The essential principles in theories of restorative justice are presented. Then the contexts of allocution in a courtroom and the statements an offender might make in a typical restorative encounter are clearly differentiated. Contributions from the relatively new field of interpersonal neurobiology illuminate the state of mind in which the audience for allocution in a courtroom may be at the time allocution is offered with implications for how allocution might be used, and prepared for. Finally, suggestions are offered for how the opportunity for allocution might be taken up restoratively during capital trials.     

Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes

Domestic violence has been recognized as an important factor to consider in determining the best interests of children in custody and visitation disputes. However, there remain many misconceptions about the extent and impact of domestic violence in child custody proceedings. Several misconceptions are identified and juxtaposed with the reality of emerging knowledge in this field, and implications are outlined. These issues are illustrated by the perspectives of 62 women victims and 95 children exposed to domestic violence who had to navigate the justice system after separation from an abuser. Recommendations are offered for enhancing professional education, resource development, and collaboration among courts and community service providers.     

Comparison of Status and Delinquent Offenders

National studies suggest that our college students do not have sufficient awareness or knowledge of international affairs, and this appears to be true of criminal justice students as well. A survey of programs in criminology-criminal justice indicates that we have not been giving sufficient attention to the international field in our curricula. This paper discusses the need for international courses in criminal justice, citing the vast increase in international crime and criminal activity, the increasing internationalization of crime, and the recent, rapid development of international agencies of crime control and prevention. The paper also suggests an outline and sketch of what should be covered in international courses of the field, and indicates suitable reference sources.     

“Experts by Experience”: The Involvement of Service Users and Families in Designing and Implementing Innovations in Family Justice

Drawing on international research, policy, and practice, this article explores what is meant by service user involvement, how it has developed, and how it has been implemented across different areas of practice. Using examples from across the health and social care fields, it reflects on how the learning from other areas of practice in which service user involvement has been successful may be applied to the family justice field. The arguments presented highlight the value of taking a bottom‐up approach in designing and implementing innovations in family justice, which would embrace the views of family members, including children, as ‘service users.’ It is important, however, to balance both the challenges and the opportunities offered by involving those who are ‘experts by experience’ in the family justice processes, in order to lead to improved services and experiences.     

Integration of Pre-Employment Polygraph Screening into the Police Selection Process

The authors provide a polygraph primer for police psychologists involved in law enforcement personnel selection. Law-enforcement pre-employment polygraph examinations are a decision-support tool intended to add incremental validity to the personnel selection process. Problems stemming from the use of the polygraph may be related to misunderstanding of the polygraph test and to field practices surrounding the use of polygraphy in the police selection process. Potential problems can result from ineffective selection of test issues, poorly constructed test questions and misguided policies surrounding the use of the polygraph. The authors review the history of polygraph screening, research, and field practices, and suggest that using polygraph results alone to disqualify a candidate from employment is a misguided field practice. Suggestions are offered for maximizing the decision-support value of the polygraph. Polygraph examination targets are discussed, with emphasis on selecting actuarially derived predictors associated with increased success in law enforcement training and job performance. The authors provide recommendations for field practice, and propose that police psychologists may be most suited to effectively integrate the polygraph results and information into the hiring recommendation process.     

第八届全国经济法理论研讨会综述

2 0 0 0年 11月 14- 17日 ,第八届全国经济法理论研讨会在重庆隆重召开。在本次会议中 ,代表们就经济法不同领域中的问题提出了许多很有见地的新观点 ,展示了经济法研究领域的繁荣局面 ;同时对经济法基本理论中涉及的诸多基本问题达成了相当普遍的共识 ,表明我国法学界对经济法的研究正逐渐走向成熟。     

WTO知识产权协议侵权归责原则

中国知识产权保护从零水平向世界水平跃进 ,使中国有关司法近年始终保持攀高的趋势 ,法学界也为适应这种趋势提供了理论依据。本文作者从分析WTO知识产权协议侵权归责入手 ,对TRIPS协议主张“无过错责任”总原则提出质疑 ,对中国司法总体适用“过错推定”原则提出疑问。最后 ,对TRIPS协议侵权归责以“场合”划分而不以“权属”之诉划分的实践意义及对如何正确理解TRIPS协议侵权归责作出了探讨。     

Law’s not hard; it’s just hard to get into: a study of alternative entry students to law school

Widening access to higher education is a challenge currently under discussion in Australia and the United Kingdom. The increasing number of alternative entry programs offered by universities has made tertiary study, including law study, more accessible. One concern with widening access to legal education is the ability of students entering law school through means other than very high academic scores to undertake a law degree successfully. Students who enter law school are generally referred to as “high achievers”, having qualified through an admission policy based on competitive rankings. The implementation of equitable access programs in some Australian universities has resulted in a number of places being made available to final year high school students who meet the eligibility criteria. Lowering the entry requirements to some courses provides opportunities for students whose circumstances have affected their ability to attain competitive ranking scores. The Principals’ Recommendation Scheme (PRS) is one of these programs. The University of Technology Sydney in New South Wales, Australia commenced the PRS in 2012. UTS:Law was one of the first Faculties to develop a strategy to support these students. The Faculty is committed to resourcing all students in their study and, as a result, is engaged in the ongoing evaluation of the academic and co-curricular programs provided to students. This paper explains the implementation of the PRS and the relevant support infrastructure available to students. It also considers the research into student retention and academic success and makes a preliminary assessment that, to date, the PRS students are succeeding in the transition from secondary education to law school, and that the existing infrastructure is accommodating the needs of these students. The PRS is an alternative entry scheme that provides a model for consideration by other law schools, committed to widening access to legal education.     

关于开设我国知识产权专业硕士学位教育的探讨

文章简述我国知识产权事业发展历程,归纳知识产权专业人才需求现状及趋势,论述了我国高校知识产权专业教育发展概况,从高校知识产权专业开设数量、招生人数、培养方向、课程设置、师资力量等方面分析了存在的问题,借鉴国内外相关学科开展专业硕士学位教育的经验与做法,提出尽快批准设置知识产权专业硕士学位、完善知识产权专业硕士实践能力培养机制、加大对知识产权专业硕士培养的宏观指导、推动出台鼓励知识产权专业硕士培养的配套政策等意见建议。     

The Senility of Group Solidarity and Contemporary Multiculturalism: A Word of Warning from a Medieval Arabic Thinker

This paper discusses the thought of the medieval Maghrebin thinker Ibn Khaldun through the prism of the philosophy and sociology of law and politics. I will first try to illustrate how, even if Ibn Khaldun wrote in the fourteenth century, he anticipated many core concepts that are characteristic of modern Western sociological and philosophical thought. The argument is thus made that his thought can, and indeed must, be rescued from the wide neglect that, outside the specialized field of Khaldunian studies, it has so far suffered in our treatment and teaching of the history of politico‐legal sociological thought. I will then claim that the scheme he devised to explain the rise and fall of civilizations can also, with due care, be used to frame and understand the political and cultural landscape in which the West and the Islamic world are presently engaged in a difficult dialogue. The discussion is in this sense offered in the hope of making a contribution to the current politico‐legal philosophical and sociological debate on multiculturalism, and on the limits of its scope.     

A BETTER BEGINNING: FAMILY LAW IN THE FIRST YEAR OF LAW SCHOOL

The American Bar Association's Section of Legal Education and Admission to the Bar's Standards Review Committee has focused law schools' efforts to modify their curriculum with an appeal to focus on outcomes and assessments. A cornerstone of the outcomes and assessments discussion is skills training. The committee's call for more skills training has prompted family law faculty to consider innovative methods to bring that training into substantive courses or to bring the substantive curriculum into a skills course. This essay discusses how law faculty are incorporating family law doctrines into first‐year legal research and writing courses.